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If you are a person who suffered injuries caused by a motor vehicle or in a motor vehicle accident, you are in all probability entitled to claim compensation from the Motor Vehicle Accident Fund. The Motor Vehicle Accident Fund has been specially established to enable persons injured in a motor vehicle accident, to claim compensation from the Fund instead of claiming it from the drivers of the cars involved in the accident.
The compensation you are entitled to claim does not only relate to the payment of your hospital and medical costs but also includes:
(1) Compensation for the pain and suffering you have had as a
result of the injuries and medical treatment therefore.
(2) Compensation for temporary or permanent disability.
(3) Compensation for disfigurement.
(4) Compensation for loss of the enjoyments of life.
(5) Compensation for lass of income, the lass of earning
capacity or the lass of support.
Only a qualified legal practitioner will be able to advise you what claims in your specific case apply and how much you are entitled to Claim under each heading, and only he (or she) is competent to assist you to file a Claim with the Motor Vehicle Accident Fund in the correct and prescribed manner.
You should thus immediately make contact with a qualified legal practitioner to assist you in formulating and submitting your Claim.
If you do not have a legal practitioner you can contact:
Law Society of Namibia
First Floor, Namlex Chambers, 333 Independence Avenue
P. 0. Box 714
Telephone numbers: +264-61-230263/088
who will furnish you with a list of qualified legal practitioners who are trained in filing third party claims.
The Law Society is not entitled to recommend any one specific legal practitioner, but will supply you with a list of qualified legal practitioners who do Motor Vehicle Accident Claims. The list will include experienced and less experienced legal practitioners and it is recommended that you make your own enquiries before deciding on a specific practitioner.
lt is also recommended that you clear up with the practitioner of your choice the amount of fees he will charge you before you give him the mandate to represent you. Also ensure that the practitioner agrees to refer any settlement figure to you for final approval before he accepts same on your behalf.
Since the manner in which the accident occurred is important for the filing of the claim you must immediately try and obtain the following information (If due to your injuries you are unable to gather this information, try and get a member of your family or friends to do so):
(i) The name, address and telephone number of the driver of the motor vehicle which caused the accident or caused your injuries.
(ii) The registration number of the vehicle which caused the accident and the vehicle in which you were traveling.
(iii) The names of all witnesses who saw the accident.(iv) Photos of the cars involved and of the scene of the accident.
(v) The date and time of the accident.
(vi) The police station (and name of the policeman) to whom the accident was reported.
The money accumulated in the Motor Vehicle Accident Fund originates from a levy raised on the sale of each liter of petrol and diesel in Namibia. In maintaining this system the State has thus specifically created a payment structure to ensure that innocent victims of accidents are able to get a fair compensation for the damages they have suffered as a consequence of a motor vehicle accident and that all medical expenses are paid for in full to ensure that the best medical and hospital treatment is given to accident victims.
The pamphlet has been issued by the Law Society of Namibia for the benefit of motor vehicle accident victims.
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